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Articles 1 - 28 of 28
Full-Text Articles in Law
The High Price Of Poverty In Arkansas’S Courts: Rethinking The Utility Of Municipal Fines And Fees, Madison Miller
The High Price Of Poverty In Arkansas’S Courts: Rethinking The Utility Of Municipal Fines And Fees, Madison Miller
Arkansas Law Review
The opposite of poverty is not wealth. It is justice. Beginning in the 1980s, a "trail of tax cuts" led to budget shortfalls and revenue gaps throughout the United States. These budgetary problems resulted in many cities and towns shifting their burden of funding courts and the justice system at large "to the 'users' of the courts, including those least equipped to pay." Although "jailing an indigent person for a fine-only, low-level offense is unconstitutional," it is still an ongoing practice in many states, including Arkansas. In 1995, Arkansas passed new legislation to govern its circuit courts' collection and enforcement …
When A Woman Goes To Jail, Renee Onque, Emily Nadal
When A Woman Goes To Jail, Renee Onque, Emily Nadal
Capstones
The United States holds 30% of the world’s incarcerated women and the laws protecting their specific needs while in the prison system differ by state. New York, Minnesota and Alabama are introducing innovative ways to improve the birthing experiences of women who are incarcerated. From programs that allow mothers to send their breast milk on dry ice to their babies to nurseries within prisons that allow babies to live with their moms for up to a year, these states are pushing for progressive changes for mothers in the system. https://reneeonque.github.io/capstone/
A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson
A Case For The Decriminalization Of Simple Possession Of Narcotics In Mississippi, Stroud Tolleson
Honors Theses
Through its incarceration of simple possession offenders, Mississippi is failing to acknowledge the severity of addiction and importance of mental health. In this paper, I will examine Mississippi’s history of opinion and policy on drug use. In order to gain a better understanding of addiction and Mississippi’s criminal justice system, I interview several individuals with experience in varying aspects of these issues. Mississippi has one of the highest rates of incarceration in the United States, with stringent laws regarding the possession of narcotics. Mississippi’s mental health resources have been deemed unconstitutionally deficient on more than one occasion, and addicts are …
Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert
Failed Interventions: Domestic Violence, Human Trafficking, And The Criminalization Of Survival, Alaina Richert
Michigan Law Review
Over the last decade, state legislators have enacted statutes acknowledging the link between criminal behavior and trauma resulting from domestic violence and human trafficking. While these interventions take a step in the right direction, they still have major shortcomings that prevent meaningful relief for survivor-defendants. Until now, there has been no systematic overview of the statutes that require courts to consider a defendant’s history of trauma in the contexts of domestic violence and human trafficking. There has also been no attempt to explore how these statutes relate to each other. This Note fills those gaps. It also identifies essential elements …
Barred By Their Brains: Inmates With Traumatic Brain Injury (Tbi), Claire Mikita
Barred By Their Brains: Inmates With Traumatic Brain Injury (Tbi), Claire Mikita
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Immigration Detention As An Obstacle To Decarceration, Pedro Gerson
Immigration Detention As An Obstacle To Decarceration, Pedro Gerson
Faculty Scholarship
Criminal legal reform and measures to reduce carceral populations have received increasing media and public policy attention nationwide. These efforts have mainly ignored a parallel development: the consistent rise in the use of immigration detention over the last decade. This Article bridges that gap by arguing that ongoing efforts to decarcerate states and localities may be foiled by immigration detention. This argument relies on three different descriptive claims. First, much scholarly work has shown the extent to which vested interests have hampered criminal legal reform; these same interests could look to immigration detention as an alternative protection. Second, the extent …
When “Empty Is Not Closed”: Organizing Efforts To (Officially) Close St. Louis’ Infamous Workhouse, Brianna Coppersmith
When “Empty Is Not Closed”: Organizing Efforts To (Officially) Close St. Louis’ Infamous Workhouse, Brianna Coppersmith
SLU Law Journal Online
Despite years of community organizing, legal advocacy, and policy change to close St. Louis’ Medium Security Institution, the jail has reopened. In this article, Brianna Coppersmith provides a brief history of the campaign to close the jail, commonly called the Workhouse, and discusses what its reopening might mean for related pending litigation.
Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher
Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher
Master of Arts in Criminal Justice Leadership
The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …
Reimagining Criminal Justice: How We Traded Out Asylums For Prisons, Zaynah Zaman
Reimagining Criminal Justice: How We Traded Out Asylums For Prisons, Zaynah Zaman
Reimagining Criminal Justice
The criminal justice system fails to adopt alternative mental health reforms better equipped to handle mental health crises rather than placing the mentally ill in institutions that have proven to worsen their illness. The criminalization of mental illness must end, says Zaynah Zaman, a student at Golden Gate University School of Law.
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams
Honors Theses
The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …
Jails, Sheriffs, And Carceral Policymaking, Aaron Littman
Jails, Sheriffs, And Carceral Policymaking, Aaron Littman
Vanderbilt Law Review
The machinery of mass incarceration in America is huge, intricate, and destructive. To understand it and to tame it, scholars and activists look for its levers of power—where are they, who holds them, and what motivates them? This much we know: legislators criminalize, police arrest, prosecutors charge, judges sentence, prison officials confine, and probation and parole officials manage release.
As this Article reveals, jailers, too, have their hands on the controls. The sheriffs who run jails—along with the county commissioners who fund them—have tremendous but unrecognized power over the size and shape of our criminal legal system, particularly in rural …
Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire
Caring Against The Carceral: How Families Mediate The Social Death Of Incarceration, Jessica Claire
Graduate Theses and Dissertations
Incarceration, especially in the United States, is deeply related to issues of racism, poverty, and citizenship. These particular experiences are the result of a history of biopolitical control affecting Black and brown communities and have a quintessential origin in enslavement. Those who are incarcerated are isolated, dishonored, and powerless as a result of the criminalization of race and poverty. These observations led to questions surrounding the particular impact families may have on the experiences of those who are incarcerated. Families of Incarcerated Loved ones, or FOILs, mediate incarceration through intentional socialization which has the potential to counteract the realities of …
Child Welfare Service Worker's Perspective Of The Juvenile Justice System, Valorie Antone, Kathryn Whitehead, Alexander Comeau, Zoe Donvan
Child Welfare Service Worker's Perspective Of The Juvenile Justice System, Valorie Antone, Kathryn Whitehead, Alexander Comeau, Zoe Donvan
Thinking Matters Symposium
Prior literature indicates youth who have had adverse childhood events or are diagnosed with a mental illness are more likely to become involved in the juvenile justice system (Chappard & Maggard, 2020). While research has been performed to involve juvenile justice workers and juveniles that have been involved in the system, there has been little involvement by the child welfare workers who have followed the trajectory of the youth from the beginning of involvement. This study investigates the perceptions of child welfare workers regarding youth involvement in the criminal justice system, addressing a current gap in the literature. In terms …
Death-By-Incarceration In Illinois, Joseph Dole
Death-By-Incarceration In Illinois, Joseph Dole
Northwestern Journal of Law & Social Policy
No abstract provided.
U.S. Prisons And System Reform, Darian Reimels
U.S. Prisons And System Reform, Darian Reimels
English Department: Research for Change - Wicked Problems in Our World
Prison systems, specifically in the U.S., are a wicked problem. For years prisoners have been treated inhumanely inside and outside of prison, with everyone looking at them with a judgmental eye. This essay aims to point out and bring light to these issues within the prison system. Specifically, it focuses on how inmates are treated during and after serving their sentence, and solitary confinement. To better understand and explain the problems to you, extensive research was done. Articles were read, organizations were researched, and a documentary was watched to gather the information needed to write this essay. The results showed …
Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul Heaton
Enhanced Public Defense Improves Pretrial Outcomes And Reduces Racial Disparities, Paul Heaton
Indiana Law Journal
Numerous jurisdictions are working to reform pretrial processes to reduce or eliminate money bail and decrease pretrial detention. Although reforms such as the abandonment of bail schedules or adoption of actuarial risk assessment tools have been widely enacted, the role of defense counsel in the pretrial process has received less attention.
This Article considers an approach to pretrial reform focused on improving the quality of defense counsel. In Philadelphia, a substantial fraction of people facing criminal charges are detained following rapid preliminary hearings where initial release conditions are set by bail magistrates operating with limited information. Beginning in 2017, the …
Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith
Wrongful Incarceration Causes Substantial Bodily Harm: Why Lawyers Should Be Allowed To Breach Confidentiality To Help Exonerate The Innocent, Vania M. Smith
Catholic University Law Review
The Model Rules of Professional Conduct (MRPC) governs the conduct of lawyers and provides the framework for how individual states and territories craft their rules. Rules regarding confidentiality have been central through the many iterations of these rules since their inception. Client confidentiality protections are critical to establishing and maintaining the public trust in the profession. Rule 1.6 of the MRPC gives a lawyer the opportunity to divulge a client confidence under varying circumstances, including the prevention of “substantial bodily harm”. To date, this has not resulted in a wide interpretation that this exception includes wrongful incarceration. This article seeks …
Reversing The Evils Of Federal Mandatory Minimum Sentences: Is Clemency The Only Answer?, Melissa Johnson
Reversing The Evils Of Federal Mandatory Minimum Sentences: Is Clemency The Only Answer?, Melissa Johnson
Journal of Civil Rights and Economic Development
(Excerpt)
Thirty-five years ago, Alice Marie Johnson lived a full life. She was a wife, a mother of five children, and a manager at FedEx. Then divorce, the death of one of her children, and job loss shattered her world. Ms. Johnson was able to find employment as a factory worker, a role which paid only a fraction of her former salary and was insufficient to support her children. Desperate and burdened, she became a telephone mule for drug dealers. She was instructed to “pass phone messages [and] [w]hen people came to town . . . [to tell] them what …
Racial Bias Still Exists In Criminal Justice System? A Review Of Recent Empirical Research, Yu Du
Racial Bias Still Exists In Criminal Justice System? A Review Of Recent Empirical Research, Yu Du
Touro Law Review
The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit and/or explicit racial bias against Blacks held by law enforcement agents persists in the system. This review considers both supporting arguments and relevant counterarguments. After evaluating empirical and rigorous research during the past five years, the review maintains that racial bias still exists …
9/11 Impacts On Muslims In Prison, Spearit
9/11 Impacts On Muslims In Prison, Spearit
Articles
This essay is part of a volume that reflects on the 20-year anniversary of the attacks of September 11, 2001. The work examines the impacts this event had on the management of Muslims in prison. Soon after the attacks, the culture war against Muslims in the United States began to seep into prisons, where Muslims faced heightened levels of Islamophobia, which cut across several areas of existence: the ability to access religious literature, religious leaders, and paraphernalia, in addition to the federal creation of Communication Management Units. There was also heightened hysteria about the idea of Muslim radicalization in prison, …
The State Of The State Action Doctrine: A Search For Accountability, Jordan Goodson
The State Of The State Action Doctrine: A Search For Accountability, Jordan Goodson
Touro Law Review
The state action doctrine is notoriously confusing and contradictory. It is also a weak mechanism for enforcing the constitutional accountability of both State and private actors. Many solutions to the doctrine's varied issues have been posed, but as of yet its problems have not been resolved. In fact, they continue to worsen, as increasing privatization combines with the doctrine's restrictions to narrow constitutional liability to the point of potential nullity. This article examines the doctrine's failures through the specific lens of accountability, demonstrating through analysis of recent caselaw how the doctrine — along with creating confusion and countless circuit splits …
For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs, Benjamin Pomerance
For All Who Have Borne The Battle: A Wish List For The Incoming Secretary Of The United States Department Of Veterans Affairs, Benjamin Pomerance
Touro Law Review
No abstract provided.
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
No abstract provided.
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
(Un)Masking The Truth - The Cruel And Unusual Punishment Of Prisoners Amidst The Covid-19 Pandemic, Ariel Berkowitz
Touro Law Review
No abstract provided.
The Injustices Behind America’S Incarceration Boom, Jay Widlacki
The Injustices Behind America’S Incarceration Boom, Jay Widlacki
Undergraduate Research Symposium
America’s mass incarceration system functions as a tool to keep their black communities impoverished and powerless. Black people are locked away at disproportionate rates; moreover, statistics suggest that the criminal justice system is racially biased at every step. These two systems work together to keep an alarmingly high amount of black people behind bars so businesses can profit off of them. If ex-convicts leave the prison, they will find it hard to reintegrate into society because of the post-prison fees, parole requirements, discrimination, and disenfranchisement. Without rehabilitation available in most prisons, these barriers make the prison system akin to a …
Preventive Justice: How Algorithms Parole Boards, And Limiting Retributivism Could End Mass Incarceration, Christopher Slobogin
Preventive Justice: How Algorithms Parole Boards, And Limiting Retributivism Could End Mass Incarceration, Christopher Slobogin
Vanderbilt Law School Faculty Publications
A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would be put in jail prior to trial and in prison after conviction, the duration of sentences would be reduced for low-risk offenders, and treatment resources would be more efficiently allocated. As a result, the capital outlays for prisons and jails would be substantially reduced. The public would continue to be protected from the most dangerous individuals, while lower-risk individuals would be less subject to the criminogenic effects of …
Addressing Racial Inequities In The Criminal Justice System Through A Reconstruction Sentencing Approach, Jelani Jefferson Exum
Addressing Racial Inequities In The Criminal Justice System Through A Reconstruction Sentencing Approach, Jelani Jefferson Exum
Faculty Publications
(Excerpt)
Justice reform is having a moment. Across the nation and in the federal government, legislation has passed “to reduce the scale of incarceration and the impact of collateral consequences of a felony conviction.” While some of these reforms were the result of fiscal concerns over mass incarceration, others were in response to the criminal justice reckoning brought on by events of 2020 and intensified calls for racial justice. In the summer of 2020 media attention on the police killings of George Floyd and Breonna Taylor sparked nationwide and global protests and accompanying antiracism pledges by individuals and institutions. This …
The Perils Of "Old" And "New" In Sentencing Reform, Jessica M. Eaglin
The Perils Of "Old" And "New" In Sentencing Reform, Jessica M. Eaglin
Articles by Maurer Faculty
This Essay turns attention from actuarial risk assessment tools as a reform to the inclination for a technical sentencing reform more broadly. When situated in the context of technical guidelines created to structure and regulate judicial discretion in the 1980s and beyond, the institutionalization of an actuarial risk assessment at sentencing is both an old and new idea. Both sentencing guidelines and actuarial risk assessments raise conceptual and empirical questions about sentencing law and policy. This Essay drills down on two conceptual issues—equality and selective incapacitation—to highlight that actuarial risk assessments as a reform raise recurring questions about sentencing, even …